Provisions relating to medical practitioners etc
6 Provisions relating to medical practitioners etc
No proceedings lie against a medical practitioner or registered nurse in respect of anything done in good faith and in compliance, or purported compliance, with the provisions of this Act.
A medical practitioner or registered nurse must not take a sample of a person's blood under this Act if, in the opinion of the medical practitioner or registered nurse, it would be injurious to the medical condition of the person to do so.
A medical practitioner or registered nurse is not obliged to take a sample of a person's blood under this Act if the person objects to the taking of the sample of blood and persists in that objection after the medical practitioner or registered nurse has informed the person that, unless the objection is made on genuine medical grounds, it may constitute an offence against this Act.
A medical practitioner who fails, without reasonable excuse, to comply with a provision of, or to perform any duty arising under, section 74 is guilty of an offence.
Maximum penalty: $5 000.
No proceedings can be commenced against a medical practitioner for an offence against subclause (4) unless those proceedings have been authorised by the
Attorney‑General.
An apparently genuine document purporting to be signed by the
Attorney‑General and to authorise proceedings against a medical practitioner for an offence under subclause (4) must, in the absence of proof to the contrary, be accepted by any court as proof that those proceedings have been authorised by the
Attorney‑General.
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